Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the Supreme Court properly assessed points for his failure to accept responsibility for his offense ( see People v Gonzalez, 48 AD3d 226; People v Dubuque, 35 AD3d 1011).
Furthermore, the defendant failed to show by clear and convincing evidence that there existed mitigating circumstances of a kind or to a degree not otherwise taken into account by the risk assessment instrument, which warranted a downward departure from his presumptive risk level designation ( see People v Marin, 48 AD3d 535; People v Taylor, 48 AD3d 775; People v Galligan, 41 AD3d 683). Accordingly, the court providently exercised its discretion in designating him a level two sex offender ( id.).